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Not About ‘Qualifications’

Hawley Awaits McConnell, Ferguson ‘Outreach’ on FTC Nominee Dispute

Sen. Josh Hawley, R-Mo., told us Tuesday he remains opposed to confirmation of FTC nominee Andrew Ferguson and is awaiting outreach from Ferguson and Senate Minority Leader Mitch McConnell, R-Ky. In interviews Tuesday Republicans offered varying opinions about Hawley’s dispute with McConnell (see 2312200052).

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Asked if the hold on Ferguson is political “payback” against McConnell, Hawley told reporters, “No. This is about the fact that the FTC is an extremely important panel.” He told us McConnell’s office hasn’t been helpful or receptive and there’s been no “outreach” from Ferguson. Hawley added he looks forward to meeting with Ferguson and having lingering questions about Big Tech answered. “I’m not a pro-corporate monopoly guy, and I want to make sure he’s not,” said Hawley. “I’ve got concerns about Sen. McConnell’s record on this.” Ferguson is a “McConnell guy, so I just want to know what his view is.”

Ferguson is a former counsel to McConnell, and Sens. Chuck Grassley, R-Iowa, and Lindsey Graham, R-S.C. Offices for McConnell, Ferguson and the FTC didn’t comment Tuesday.

If there’s a dispute between Republicans, it should be handled behind closed doors, Sen. Thom Tillis, R-N.C., told us: “I just don’t know what the motivation was for making it so public. If there was a legitimate concern outside of the fact that [Ferguson was] supported by Mitch, let’s talk about the concern.”

I don’t think” the issue between McConnell and Hawley is about Ferguson’s “qualifications,” Senate Minority Whip John Thune, R-S.D., told us Tuesday. “I hope they can get it resolved. He’s a really good FTC nominee. They need him over there -- very well-qualified.”

These sorts of disputes, public or nonpublic, are nothing new, Grassley said. There are 100 senators who are free to operate in any way they see fit to achieve their goals, he said. “Whether I disagree with them or agree with them, I’m not in a position to question” that.

Asked if the disagreement should have occurred privately, Graham said, “Apparently not. I don’t care. I like Josh. I like Mitch. They can handle it.”

Sen. Jerry Moran, R-Kan., told us he has no concerns with Ferguson or the other Republican nominee Melissa Holyoak. “Surely” Hawley’s objections “can be resolved,” said Moran. “We’re anxious to have that commission’s membership full.”

The FTC needs a full commission to operate effectively, said Sen. Richard Blumenthal, D-Conn., who heads the Senate Privacy Subcommittee with Hawley. “I’m hoping that whatever the disagreements are, they'll be resolved.”

The FTC chair sets the agenda, so the confirmation of two Republican commissioners won’t “transform” the current agenda, but it will prompt “more robust debate,” said former FTC attorney adviser Alicia Batts, now with Faegre Drinker.